Auto Insurance Claims: INSURANCE DISPUTE., genuine ford parts, auto insurance claim

Question
I OWN A 2002 EXPLORER THAT THE ENGINE HYDRLOCKED FROM FLOOD CONDITIONS, AFTER THE INSURANCE COMPANY HIRED A SPECIAL INVESTIGATOR AND THEN A FORENSIC INVESTIGATOR THEY APPROVED THE CLAIM TO RELACE THE ENGINE AS IT WAS RUINED.   THE DISPUTE IS THAT THEY ONLY WANT TO PUT A JUNKYARD ENGINE IN IT.  MY DISPUTE IS THAT NO ONE BY VISUAL INSPECTION CAN DETERMINE THE CONDITION ONF THE USED ENGINE OR MAINTENCE OF THE ENGINE AND NO WARRANTY IS OFFERED.  IF IT GOES IN A MONTH ITS ON ME.  THIS DOES NOT SEEM TO BEFAIR.  I AM ASKING THAT THEY REPLACE THE ENGINE WITH A REMANUFACTURED ENGINE AS THIS CAN BE SAID TO BE AS EQUIVULANT AS WHAT WAS IN THERE IF NOT BETTER.  I AM DISPUTING THE JUNKYARD ENGINE AND NOT WILLING TO EXCEPT IT AS IT COULD BE SETTING ME UP FOR A BIG BILL$$  DO I HAVE TO EXCEPT THE JUNKYARD ENGINE IF IT HAS AROUND THE SAME AMOUNT OF MILES?  THE JUNKYARD ENGINE IS 1500.00 AND THE FORD REMAN. ENGINE WAS 3071.00.  I SHOULD HAVE THE AVALIBILITY TO PUT GENUINE FORD PARTS BACK IN VEHICLE BUT I FOUND A REMAN. FOR 800.00 MORE THAN WHAT THE JUNKYARD ONE IS AND THAT IS WHAT I AM ASKING FOR.  WHAT ARE MY CHANCES OF PURSING THIS IN COURT AND HOW DOES ONE SUE AN INSURANCE CARRIER? SMALL CLAIMS?

Answer
Hi there,

I understand your position. This is perhaps one of the most unfair scenarios. Insurance companies have strong arguments against your claim. In your policy you agree to be "paid" for all reasonable and necessary damages. http://www.auto-insurance-claim-advice.com/Reasonable-and-Necessary.html
What is that mean? Well, that is the debate. Insurance company will tell you that the owe you for what is reasonable and for what you had before the accident. You had a used engine, you did not have a brand new engine. You already had mileage on it. Therefore, you are owed that same engine, not a new one.

They will also try to get you a non Genuine Ford Part because they are too expensive. They argue that this is non necessary. They are giving you a better repair or a newer engine than you have and the trade of is that it is non genuine.

Is this legal? Yes, but it is unfair. What are your chances in court? Well, that is a tough one. Insurance companies are tough negotiators and it is possible that in the policy you agreed to a mandatory arbitration clause. This means that you must go to arbitration and not to court. If you go to court, you will be in breach of the contract. Arbitrators are usually insurance adjusters and most likely will side with the carrier.

Read your policy carefully and see if you are bound to go to arbitration. This is were the big issue would be.

Good Luck,

C.Q.
http://www.auto-insurance-claim-advice.com